Phoenix Family Law Attorneys Explain Arizona Prenuptial Agreements

Many couples feel uncomfortable with the idea of an Arizona prenuptial agreement. Thinking about divorce before you’re even married may seem ridiculous, especially at a time when you’re both so in love and getting ready to spend your lives together. However, a prenuptial agreement doesn’t mean that the worst will happen; it simply outlines how you wish to proceed if it does. For so many couples, an existing prenuptial agreement has eased the path significantly after an unexpected death or a sudden divorce. And there’s no better time to decide on certain issues than when you’re both very much in love and have a clear idea of what you want out of the future.

What is a prenuptial agreement in Arizona?
A prenuptial agreement, also called a marriage contract or premarital agreement, is essentially just a chance for you and your fiancé to define and organize what happens after a divorce or death. Your prenup in Arizona can outline financial issues, custody, spousal support, and many other facets of your life together. It is considered a contract in the eyes of the law.

What should I include in an Arizona prenuptial agreement?
When you start putting together your prenuptial agreement, you and your potential spouse will decide on practical matters to help safeguard your marriage and prepare for the occurrence of divorce or death. Such matters include:

• What will happen with any children, including custody and support;
• How debts will be paid;
• Who will receive the home and other properties;
• How alimony/spousal support will be paid;
• What happens with assets and income;
• How inheritance and gifts will be handled;
• Clarification of death benefits and what will be covered in your will;
• How medical insurance, disability, and long term care insurance will be handled;
• Inheritance for children from before the marriage;
• Protection of a preexisting “nest egg” or protection from a preexisting debt.

Although these are the major issues that most couples work out in a prenuptial agreement, you can include just about anything in the marriage contract. For example, some couples decide ahead of time what happens with “custody” of family pets or what will happen during the marriage, such as if one spouse will stay at home, how equality will be defined in the marriage, or what happens in circumstances such as adultery.

While a prenuptial agreement is not the final word in Arizona divorce law, it can go a long way toward resolving disputes in the case of a later divorce.

If you and your spouse-to-be are considering an Arizona prenuptial agreement, contact the friendly and experienced Phoenix family law attorneys with Curry, Pearson & Wooten today at 1-888-929-5292. Our first consultation is completely free so that you can get answers to your questions and understand your options. We also offer a completely free book to our web visitors: Arizona Family Law – How to Handle Tough Issues in Tough Times.